C. [§ 11.4] Price Discrimination

JurisdictionMaryland

C. [§ 11.4] Price Discrimination

Section 11-204(a)(3)-(5) is based on the Robinson-Patman Price Discrimination Act, 15 U.S.C. §§ 13, 13a-13b (1997), which was generally designed to prevent unfair price discrimination. William L. Reynolds & James D. Wright, A Practitioner's Guide to the Maryland Antitrust Act, 36 Md. L. Rev. 323 (1976). Again, Maryland courts are guided by the federal courts' interpretation of the Robinson-Patman Act. Com. Law II § 11-202(a)(2); see Martello v. Blue Cross & Blue Shield, 143 Md. App. 462, 795 A.2d 185, cert. denied, 369 Md. 660, 802 A.2d 439 (2002).

Under the Robinson-Patman Act and § 11-204(a)(3)-(5) of the Maryland Antitrust Act, it is unlawful for a person engaged in commerce to discriminate in price between different purchasers of commodities of like goods and quality where the effect may be substantially to lessen competition or tend to create a monopoly. See Reynolds & Wright, supra. See also Best Effort First Time,...

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